Facts

Plaintiff Cindy Chow sought to have her marriage certificate registered as confidential under Family Code 500. The Santa Clara County Recorder did not do so and refused to make a correction in its registry.

PLAINTIFF'S CONTENTIONS: Plaintiff argued that defendant's failure to change her marriage certificate to confidential was an abuse of discretion. Chow has no alternative remedy. Chow needs the court to mandate that the Department must make the correction.

DEFENDANT'S CONTENTIONS: Defendant argued that plaintiff failed to state any facts that would sufficiently present any cause of action. There's no demonstration that the Department is required to do what Chow asks.

Result

The Department's demurrer to the second amended complaint was sustained without leave to amend. A specific duty had not been identified by Chow. Chow sought relief that is prohibited under Health and Safety Code Section 102140. Nothing under Family Code Section 500 et seq. provides that the Department has a duty to act in a certain manner. Rather, the county clerk is authorized to issue a marriage license that's confidential, but does not mandate any duty.